U.S. to recognize Utah same-sex unions

Updated 10:18 pm, Friday, January 10, 2014

Attorney General Eric Holder said the government would grant federal marriage benefits to Utah couples.

Attorney General Eric Holder said the government would grant federal marriage benefits to Utah couples.

Photo: Matt Rourke, Associated Press

U.S. to recognize Utah same-sex unions

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Washington --

The Obama administration on Friday made the latest contribution to a fast moving legal battle over same-sex marriage rights, as the Justice Department said the federal government would recognize as lawful the marriages of 1,300 same-sex couples in Utah even though the state government is largely refusing to do so.

The announcement furthered President Obama's self-described evolution on same-sex marriage rights. He was once a politician who said he was "not in favor of gay marriage." More recently, he said, "I think same-sex couples should be able to get married," and now his administration appears to be edging closer to confronting a state government over its refusal to recognize such rights.

The move added to legal confusion surrounding the status of couples who married in a brief window after a federal judge unexpectedly struck down Utah's ban on same-sex marriages last month and before the U.S. Supreme Court stayed the ruling Monday.

"I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages," Attorney General Eric Holder Jr. said in an unusual video announcement on the Justice Department website. "These families should not be asked to endure uncertainty regarding their status as the litigation unfolds."

Same-sex couples in Utah had rushed to marry after Dec. 20 when U.S. District Judge Robert Shelby overturned Utah's voter-approved ban on marriage for gay couples. Utah unsuccessfully petitioned two lower courts to halt those weddings, then succeeded in persuading the Supreme Court to issue a stay while the state appeals.

On Wednesday, Gov. Gary Herbert announced that the ban was back in legal force while the litigation continued, something that could take years. During that time, he said, the state would not recognize or confer new marital benefits to those same-sex couples who had married.

But with Friday's announcement, same-sex couples in Utah who married will be able to file joint federal income tax returns and will be eligible for other spousal benefits, like health insurance for the families of federal employees and the ability to sponsor a noncitizen spouse for a family visa.

Some groups opposed to same-sex marriage denounced the Justice Department decision. Brian Brown, the president of the National Organization for Marriage, said "the Department of Justice under this administration signals that it simply has no regard for the Constitution and the rule of law." But in Utah, gay couples and supporters of same-sex marriage cheered the federal government's move.